An individual’s purpose in filing Chapter 7 is to have debt discharges as many as the debtor will be able to. Generally, the ruling is that liabilities are discharged if they were made before a debtor has made a formal application for Chapter 7. Bankruptcy discharge eliminates a person’s liability on a financial obligation or claim. Then again, it is useful to know that although a debtor’s legal responsibility is generally discharged, most liens are not affected by bankruptcy.
The general ruling that all debts can be discharged has a few very important exclusions. For instance, a debt collector can try to contest a debt discharge using the provisions of 11 U.S.C. 523. A debtor could be charged of deception or actual fraud. If the court does not wipe out any debt, the debt collector has to be repaid and this will create a considerable bearing on a debtor’s bankruptcy filing pursuits.
When the person’s financial obligations have become extremely arduous, Bankruptcy Law wipes out liabilities, however, it also provides a few special exclusions to make sure that this easing is provided only to the “honest but unfortunate debtor.”. There are debts that survive bankruptcy discharge under 523. These are divided into two sections: non-dischargeable debts attributable to the debtor’s wrongdoing and non-dischargeable debts attributable to public policy.
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The non-dischargeable debts due to the debtor’s dishonest conduct consist of those incurred by intentional tort, theft, fraud, scam, drunken driving, and fiduciary violation. The non-dischargeable debts due to public policy consist of educational loan, child support, alimony, customs duties and taxes, government fines, penalties, and forfeitures, unlisted claims, and certain debts that survive a preceding bankruptcy case. A debtor has to pay for any type of debt owed due to public policy or misconduct.
There are impending difficulties that can occur with financial obligations such as a credit card debt since 523 also has a provision that any debt created from buying luxury services or items within 90 days prior to filing Chapter 7 is not dischargeable. There are instances wherein the courts have found certain credit card debts to be non-dischargeable because of the implication of using the credit card, which is the intention to repay the purchases made.
Aside from creditors pursuant to 523, the pursuant of U.S.C. 727 by a creditor or the trustee may result in a court?s disapproval of a final discharge in bankruptcy, regardless of its nature, if the person applying for bankruptcy is not able to to satisfactorily clarify how any asset was lost, violates court orders, withholds estate records, acts or refrains to act with a view to get an advantage, intentionally makes an untrue claim, oath, or account in a bankruptcy case, fails to preserve or falsifies financial records, and hides or abolishes the debtor’s assets after filing Chapter 7 or within the period of one year prior to the date of formal application, in order to deceive or hinder a creditor. A debtor also needs to know that causing unnecessary delay to the court hearings, debt that was not included in the schedule, or not paying fees and other required payments can also be grounds for disapproval of debt discharges.